PUBLIC COUNCIL OF THE EUROPEAN UNION. Brussels, 16 May /1/06 REV 1 DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC LIMITE

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1 Conseil UE COUNCIL OF THE EUROPEAN UNION Brussels, 16 May 2006 DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC PUBLIC 6397/1/06 REV 1 LIMITE COPEN 16 EJN 11 EUROJUST 20 NOTE From : To : No. prev. doc. : No. Cion prop: Subject : Council Secretariat Delegations 11569/05 COPEN 120 COM( final (13742/04 COPEN 128) Council Decision on the exchange of information extracted from criminal records Manual of Procedure MANUAL OF PROCEDURE The Council Decision on the exchange of information extracted from the criminal record aims at facilitating the transmission of information retained in the national criminal records of the Member States of the European Union. Information will be forwarded using the Form provided for in the Annex to the Council Decision. The competent authority in the Member State should, in filling out the Form for requesting information extracted from the criminal record, take note of the Manual of Procedure. The Manual is intended to be a factual document to assist practitioners in making requests for information extracted from the criminal record of another Member State. 6397/1/06 REV 1 AL/he 1

2 Delegations will find attached in the Annex, the draft Manual of Procedure, consisting of the replies submitted by the Member States and containing practical information for completing their request. Delegations which have not yet submitted their contribution to the Manual are requested to do so as soon as possible to the General Secretariat of the Council DELETED. Any changes delegations may wish to make should also be notified as soon as possible. 6397/1/06 REV 1 AL/he 2

3 TABLE OF CONTENTS ANNEX Page REPLIES: - BELGIUM CZECH REPUBLIC DENMARK GERMANY ESTONIA GREECE SPAIN FRANCE IRELAND ITALY CYPRUS LATVIA LITHUANIA LUXEMBOURG /1/06 REV 1 AL/he 3

4 - HUNGARY MALTA THE NETHERLANDS AUSTRIA POLAND PORTUGAL SLOVENIA SLOVAKIA FINLAND SWEDEN UNITED KINGDOM /1/06 REV 1 AL/he 4

5 Belgium comments on manual on procedure MEMBER STATE FICHE FOR THE MANUAL OF PROCEDURE To assist requesting authorities in the completion and submission of the request form annexed to the Council Decision on the exchange of information extracted from the criminal record MEMBER STATE: Belgium Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision): Authority Name / Title: Casier judiciaire central / Centraal Strafregister Postal address: Avenue de la Porte de Hal, 5/ Bruxelles Belgique Telephone number: Fax number: address: claude.dosogne@just.fgov.be 6397/1/06 REV 1 AL/he 5

6 Information, if available, that the requested authority would find useful in order to identify the person concerned and the format in which it should be provided, including details of the documents which might be attached to the request: (This is in addition to the information on the person s name, sex, nationality and date and place of birth that is required by request form annexed to the Council Decision) Father s name Yes / No* Mother s name Yes / No* Residence or known address Yes / No* Fingerprints Yes / No* Format Other - national register number Yes / No* - social security number Yes / No* - other (please specify) Yes / No* Documents or their copies to be attached to the request (please specify): none 6397/1/06 REV 1 AL/he 6

7 PURPOSE OF THE REQUEST (OTHER THAN CRIMINAL PROCEEDINGS) REQUEST FROM A JUDICIAL AUTHORITY OUTSIDE THE CONTEXT OF CRIMINAL PROCEEDINGS Requests should specify the purpose for which the information is sought: Yes / No* If yes, the request should include details of: reason of the request their criminal convictions in such cases? Yes/ No* Request from a competent administrative authority Requests should specify the purpose for which the information is sought Yes / No* If yes, the request should include details of: reason for the request their criminal convictions in such cases? Yes/ No* REQUEST FROM THE PERSON CONCERNED Requests should specify the purpose for which the information is sought Yes / No* If yes, the request should include details of: reason for the request their criminal convictions in such cases? Yes/ No* 6397/1/06 REV 1 AL/he 7

8 Requests can be accepted in the following languages in addition to the official languages of Belgium: none Any other information about the national law, regulations or practice of Belgium which would assist a requesting authority in making a request for information extracted from a criminal record. * delete as appropriate 6397/1/06 REV 1 AL/he 8

9 Czech comments on manual on procedure General Remarks: Czech Republic has not enacted legislation implementing the Council Decision 2005/876/JHA of 21 November 2005 on exchange of information extracted from the criminal record (hereinafter Decision ) yet. The draft legislation envisages the Penal Register as the central authority designated under Article 1 of the Decision. Until the Czech Republic notifies the General Secretariat of the Council and the Commission of the authority designated in accordance with Article 1(1) of the Decision, requests made in accordance with Article 13 of the European Convention on Mutual Assistance in Criminal Matters shall continue to be addressed to the Supreme Public Prosecutor s Office of the Czech Republic before the case is brought before a court and to the Ministry of Justice of the Czech Republic after it has been brought before a court. Information communicated according to Article 22 of the European Convention on Mutual Assistance in criminal matters shall be addressed to the Ministry of Justice of the Czech Republic. MEMBER STATE: Czech Republic Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision): Authority Name / Title: Rejstřík trestů / Penal Register Postal address: Soudní 1, Praha 4, Czech Republic Telephone number: Fax number: address: rejstrik@rejtr.justice.cz Information, if available, that the requested authority would find useful in order to identify the person concerned and the format in which it should be provided, including details of the documents which might be attached to the request: 6397/1/06 REV 1 AL/he 9

10 (This is in addition to the information on the person s name, sex, nationality and date and place of birth that is required by request form annexed to the Council Decision) Father s name Yes FIRST NAME / SURNAME Mother s name Yes FIRST NAME / SURNAME / BIRTH NAME Residence or known address Yes SREET NAME / STREET NUMBER / CITY / POSTAL CODE Fingerprints OPTIONAL Format Other - national register number Yes, if available - social security number OPTIONAL - other (please specify) OPTIONAL Documents or their copies to be attached to the request (please specify): DOCUMENTS OR THEIR COPIES NOT REQUESTED 6397/1/06 REV 1 AL/he 10

11 PURPOSE OF THE REQUEST (OTHER THAN CRIMINAL PROCEEDINGS) REQUEST FROM A JUDICIAL AUTHORITY OUTSIDE THE CONTEXT OF CRIMINAL PROCEEDINGS Information from criminal records can be provided solely for the purpose of the criminal proceedings. Requests should specify the purpose for which the information is sought: Yes If yes, the request should include details of: their criminal convictions in such cases? Request from a competent administrative authority Information from criminal records can be provided solely for the purpose of the criminal proceedings. Requests should specify the purpose for which the information is sought. If yes, the request should include details of: their criminal convictions in such cases? 6397/1/06 REV 1 AL/he 11

12 REQUEST FROM THE PERSON CONCERNED Czech Republic does not provide information from the criminal records made on behalf of an individual (Article 3, paragraph 1, subparagraph 2). Requests should specify the purpose for which the information is sought. If yes, the request should include details of: their criminal convictions in such cases? Requests can be accepted in the following languages in addition to the official language(s) of Czech Republic: Slovak Any other information about the national law, regulations or practice of Czech Republic which would assist a requesting authority in making a request for information extracted from a criminal record. 6397/1/06 REV 1 AL/he 12

13 Danish comments on manual on procedure MEMBER STATE FICHE FOR THE MANUAL OF PROCEDURE To assist requesting authorities in the completion and submission of the request form annexed to the Council Decision on the exchange of information extracted from the criminal record MEMBER STATE: Denmark Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision): Authority Name / Title: Kriminalregistret Postal address: Postboks 93, DK-2650 Hvidovre, Denmark Telephone number: Fax number: address: rpchd@politi.dk 6397/1/06 REV 1 AL/he 13

14 Information, if available, that the requested authority would find useful in order to identify the person concerned and the format in which it should be provided, including details of the documents which might be attached to the request: (This is in addition to the information on the person s name, sex, nationality and date and place of birth that is required by request form annexed to the Council Decision) Father s name No Mother s name No Residence or known address Yes Fingerprints No Format Other - national register number Yes - social security number No - other (please specify) No Documents or their copies to be attached to the request (please specify): Copy of identity documents when the request is from the person concerned. 6397/1/06 REV 1 AL/he 14

15 PURPOSE OF THE REQUEST (OTHER THAN CRIMINAL PROCEEDINGS) REQUEST FROM A JUDICIAL AUTHORITY OUTSIDE THE CONTEXT OF CRIMINAL PROCEEDINGS Requests should specify the purpose for which the information is sought: Yes If yes, the request should include details of: their criminal convictions in such cases? Yes Request from a competent administrative authority Requests should specify the purpose for which the information is sought Yes If yes, the request should include details of: their criminal convictions in such cases? Yes 6397/1/06 REV 1 AL/he 15

16 REQUEST FROM THE PERSON CONCERNED Requests should specify the purpose for which the information is sought No If yes, the request should include details of: their criminal convictions in such cases? Yes Requests can be accepted in the following languages in addition to the official language(s) of Denmark: English Any other information about the national law, regulations or practice of Denmark which would assist a requesting authority in making a request for information extracted from a criminal record. * delete as appropriate 6397/1/06 REV 1 AL/he 16

17 German comments on manual on procedure MEMBER STATE FICHE FOR THE MANUAL OF PROCEDURE To assist requesting authorities in the completion and submission of the request form annexed to the Council Decision on the exchange of information extracted from the criminal record MEMBER STATE: Federal Republic of Germany Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision): Authority Name / Title: Generalbundesanwalt beim Bundesgerichtshof - Dienststelle Bundeszentralregister - Postal address: Adenauerallee Bonn Germany Telephone number: Fax number: address: poststelle@bzr.bund.de 6397/1/06 REV 1 AL/he 17

18 Information, if available, that the requested authority would find useful in order to identify the person concerned and the format in which it should be provided, including details of the documents which might be attached to the request: (This is in addition to the information on the person s name, sex, nationality and date and place of birth that is required by request form annexed to the Council Decision) Father s name Yes / No* Mother s name Yes / No* Residence or known address Yes / No* Street, house number, postal code, town, state Fingerprints Yes / No* Format Other - national register number Yes / No* - social security number Yes / No* - other (please specify) Yes / No* Documents or their copies to be attached to the request (please specify): None 6397/1/06 REV 1 AL/he 18

19 PURPOSE OF THE REQUEST (OTHER THAN CRIMINAL PROCEEDINGS) REQUEST FROM A JUDICIAL AUTHORITY OUTSIDE THE CONTEXT OF CRIMINAL PROCEEDINGS Requests should specify the purpose for which the information is sought: Yes / No* If yes, the request should include details of: The purpose must be described clearly. For example: For use in civil proceedings. their criminal convictions in such cases? Yes/ No* Request from a competent administrative authority Requests should specify the purpose for which the information is sought Yes / No* If yes, the request should include details of: The purpose must be described clearly. For example: For a naturalization procedure; for the granting of a gun license. Requests from a competent administrative authority can be answered only in certain cases. Usually this is the case, where rights of the person concerned are to be interfered with. In all other cases the certificate of good conduct (for official purposes) is to be requested by the person concerned (see under Any other information... ). their criminal convictions in such cases? Yes/ No* 6397/1/06 REV 1 AL/he 19

20 REQUEST FROM THE PERSON CONCERNED Requests should specify the purpose for which the information is sought Yes / No* If yes, the request should include details of: Requests from the person concerned cannot be answered (see under Any other information... ). their criminal convictions in such cases? Yes/ No* Requests can be accepted in the following languages in addition to the official language(s) of Germany: English 6397/1/06 REV 1 AL/he 20

21 Any other information about the national law, regulations or practice of Germay which would assist a requesting authority in making a request for information extracted from a criminal record. Local competence and form of application Anyone resident outside the Federal Republic of Germany who has reached the age of 14 can make a written application - (no special form is required) - for a (private) certificate of good conduct or a certificate of good conduct (for official purposes). The application can be made with the registration authority direct and should be sent to the following address: Der Generalbundesanwalt beim Bundesgerichtshof Dienststelle Bundeszentralregister Sachgebiet BZR 32 - Internationale Rechtshilfe Bonn Germany The applicant is required to furnish proof of his/her identity and, if he/she is acting as a legal representative, to furnish proof of his/her authority to represent. The person to whom the application refers may neither be represented by an attorney-in-fact nor by an attorney at law ( 30 subsection 2 BZRG - Law on the Federal Central Register). The application must contain the full personal details of the person to whom it refers and be signed by him/her personally. The address to which the certificate of good conduct is to be sent is to be named. Personal details and signature must be confirmed officially. Such official confirmation can be provided by a German embassy or consulate, or by a foreign public authority or a notary public. Submission of an officially certified photocopy of official identity papers showing the personal details of the person to whom the application refers will also suffice. The copy is to be signed by the applicant prior to certification. A note is to be made if the name at birth is not the same as the family name. Charges The charge for each certificate of good conduct is 13. Payment can be made by cheque or transfer to the following account of the Bundeszentralregister: 6397/1/06 REV 1 AL/he 21

22 Deutsche Bundesbank - Filiale Bonn - Bank code Account No.: IBAN-Nr.: DE BIC/swift-Nr.: MARKDEF1380 Purpose: (reference number - if known -, or first and last names of the applicant) Cheques from European countries must be made out in Euro. Cheques from non- European countries must be made out in Euro and drawn on a German bank. Cheques from Denmark, the United Kingdom, the Czech Republic and Israel can be made out in the respective domestic currency or in Euro. They must be drawn on a German bank if they are made out in Euro. In the case of a transfer of the sum in question, the copy of the transfer order is - if possible - to be sent to the Bundeszentralregister - together with the application for a certificate of good conduct. The certificate of good conduct will not be issued until receipt of the charge or of proof of payment ( 7 subsection 2 JVKostO - Cost Ordinance of Justice Agencies). General information A (private) certificate of good conduct can only be sent to the applicant personally at his/her private address. A certificate of good conduct that has been applied for official purposes for submission to a German public authority will be sent to the authority in question direct. For this reason, the address of the authority as well as the purpose of use and/or reference number of the recipient authority is to be indicated on an application for a certificate of good conduct for official purposes. Certificates of good conduct are issued in the German language only. The applicant must arrange for any translation required himself/herself. The contents of the certificate of good conduct are based on the provisions of the Law on the Federal Central Register (BZRG). The application form as a Word-document or a PDF-file can be downloaded on and may be used to make an application. * delete as appropriate 6397/1/06 REV 1 AL/he 22

23 Estonian comments on manual on procedure MEMBER STATE: Estonia Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision): Authority Name / Title: Ministry of Justice Postal address: Tõnismägi 5a; Tallinn, ESTONIA Telephone number: /81 00 Fax number: /91 address: central.authority@just.ee Information, if available, that the requested authority would find useful in order to identify the person concerned and the format in which it should be provided, including details of the documents which might be attached to the request: (This is in addition to the information on the person s name, sex, nationality and date and place of birth that is required by request form annexed to the Council Decision) Father s name Yes no special format Mother s name No * Residence or known address Yes Fingerprints No 6397/1/06 REV 1 AL/he 23

24 Format Other - national register number Yes (if known) - social security number Yes (if known) - other (please specify) No Documents or their copies to be attached to the request (please specify): depends on concrete case PURPOSE OF THE REQUEST (OTHER THAN CRIMINAL PROCEEDINGS) REQUEST FROM A JUDICIAL AUTHORITY OUTSIDE THE CONTEXT OF CRIMINAL PROCEEDINGS Requests should specify the purpose for which the information is sought: Yes If yes, the request should include details of: short description of the case their criminal convictions in such cases? No 6397/1/06 REV 1 AL/he 24

25 Request from a competent administrative authority Requests should specify the purpose for which the information is sought: Yes If yes, the request should include details of: short description of the case their criminal convictions in such cases? No REQUEST FROM THE PERSON CONCERNED Requests should specify the purpose for which the information is sought: Yes If yes, the request should include details of: short description, why such information is needed. their criminal convictions in such cases? Requests can be accepted in the following languages in addition to the official language(s) of Estonia: Estonian or/and English Any other information about the national law, regulations or practice of Estonia which would assist a requesting authority in making a request for information extracted from a criminal record. 6397/1/06 REV 1 AL/he 25

26 Greek comments on manual on procedure MEMBER STATE FICHE FOR THE MANUAL OF PROCEDURE To assist requesting authorities in the completion and submission of the request form annexed to the Council Decision on the exchange of information extracted from the criminal record MEMBER STATE: Greece Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision): Authority Name / Title: Department of Criminal Records of Ministry of Justice 1 Postal address: 96, Messogion Avenue, Athens Telephone number: Fax number: address: 1 The department in question keeps criminal records for the individuals born abroad. At the time of transposition of the Council Decision into national legislation our country intends to designate this department as Central Authority for the purposes of the Council Decision. 6397/1/06 REV 1 AL/he 26

27 Information, if available, that the requested authority would find useful in order to identify the person concerned and the format in which it should be provided, including details of the documents which might be attached to the request: (This is in addition to the information on the person s name, sex, nationality and date and place of birth that is required by request form annexed to the Council Decision) Father s name Yes Mother s name Yes Residence or known address No Fingerprints No Format Other - national register number No - social security number No - other (please specify) No Documents or their copies to be attached to the request (please specify): 6397/1/06 REV 1 AL/he 27

28 PURPOSE OF THE REQUEST (OTHER THAN CRIMINAL PROCEEDINGS) REQUEST FROM A JUDICIAL AUTHORITY OUTSIDE THE CONTEXT OF CRIMINAL PROCEEDINGS Requests should specify the purpose for which the information is sought: Yes / No* If yes, the request should include details of: It should be noticed that in the Greek legal system there is no such provision. Extracts from criminal records cannot therefore be provided in these cases. their criminal convictions in such cases? Yes/ No* Request from a competent administrative authority Requests should specify the purpose for which the information is sought :Yes If yes, the request should include details of: In the Greek legal system extracts from criminal records are issued to the competent administrative authorities only in cases expressly permitted by law In such case the purpose for which the information is sought, as well as the relevant law, must be specified. their criminal convictions in such cases? No, in most cases 6397/1/06 REV 1 AL/he 28

29 REQUEST FROM THE PERSON CONCERNED Requests should specify the purpose for which the information is sought Yes If yes, the request should include details of: their criminal convictions in such cases? Yes Requests can be accepted in the following languages in addition to the official language(s) of Greece: Any other information about the national law, regulations or practice of Greece which would assist a requesting authority in making a request for information extracted from a criminal record. The requesting authority should be responsible for the verification of the identity of the person concerned. * delete as appropriate 6397/1/06 REV 1 AL/he 29

30 Spanish comments on manual on procedure MEMBER STATE: Spain Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision): Authority Name / Title: Registro Central de Penados y Rebeldes, Ministerio de Justicia Postal address: San Bernardo 19 Madrid Telephone number: Fax number: address: rcpr.oficinacoordinacion@mju.es Information, if available, that the requested authority would find useful in order to identify the person concerned and the format in which it should be provided, including details of the documents which might be attached to the request: (This is in addition to the information on the person s name, sex, nationality and date and place of birth that is required by request form annexed to the Council Decision) Father s name Yes Mother s name Yes Residence or known address No Fingerprints No* 6397/1/06 REV 1 AL/he 30

31 Format Other - national register number Yes - social security number No - other (please specify) Yes Second birth name Documents or their copies to be attached to the request (please specify): PURPOSE OF THE REQUEST (OTHER THAN CRIMINAL PROCEEDINGS) REQUEST FROM A JUDICIAL AUTHORITY OUTSIDE THE CONTEXT OF CRIMINAL PROCEEDINGS Requests should specify the purpose for which the information is sought: Yes If yes, the request should include details of: name of the requesting authority, procedure and reason for the request their criminal convictions in such cases? No 6397/1/06 REV 1 AL/he 31

32 Request from a competent administrative authority Requests should specify the purpose for which the information is sought Yes If yes, the request should include details of: name of the requesting authority, procedure and reason for the request their criminal convictions in such cases? Yes REQUEST FROM THE PERSON CONCERNED Requests should specify the purpose for which the information is sought Yes If yes, the request should include details of: name of the administrative procedure and reason for the request their criminal convictions in such cases? Yes Requests can be accepted in the following languages in addition to the official language(s) of Spain: none Any other information about the national law, regulations or practice of Spain which would assist a requesting authority in making a request for information extracted from a criminal record. * delete as appropriate 6397/1/06 REV 1 AL/he 32

33 French comments on manual on procedure MEMBER STATE: France Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision) : Authority Name / Title : Casier judiciaire national Postal address : 107, rue du Landreau Nantes Cedex 3 Telephone number : (00) (33) Fax number : (00) (33) address : cjn@justice.gouv.fr 6397/1/06 REV 1 AL/he 33

34 Information, if available, that the requested authority would find useful in order to identify the person concerned and the format in which it should be provided, including details of the documents which might be attached to the request : (This is in addition to the information on the person's name, sex, nationality and date and place of birth that is required by request form annexed to the Council Decision) Father's name Yes / No*(') Mother's name Yes / No*(') Residence or known address Yes / No* Fingerprints Yes / No* Format Other - national register number Yes / No* - social security number Yes / No* - other (please specify) Yes / No* (') Subject to information included in the section entitled "any information about the national law, regulations or practice of France which would assist a requesting authority in making a request for information extracted from a criminal record". Documents or their copies to be attached to the request (please specify) : none 6397/1/06 REV 1 AL/he 34

35 PURPOSE OF THE REQUEST (OTHER THAN CRIMINAL PROCEEDINGS) REQUEST FROM A JUDICIAL AUTHORITY OUTSIDE THE CONTEXT OF CRIMINAL PROCEEDINGS Requests should specify the purpose for which the information is sought : Yes / No* If yes, the request should include details of : The specific reason for the request in order to establish whether the requesting authority is entitled to make the request for the reason in question, in accordance with the provisions of Article 13(2) of the 1959 Convention, on the understanding that the record issued in those circumstances is more restricted than that issued for criminal proceedings. their criminal convictions in such cases? Yes/ No* Request from a competent administrative authority Requests should specify the purpose for which the information is sought Yes / No* If yes, the request should include details of : The specific reason for the request is order to establish whether the requesting authority is entitled to make the request for the reason in question in accordance with the provisions of Article 13(2) of the 1959 Convention. their criminal convictions in such cases? Yes/ No* 6397/1/06 REV 1 AL/he 35

36 REQUEST FROM THE PERSON CONCERNED Requests should specify the purpose for which the information is sought Yes / No* If yes, the request should include details of : their criminal convictions in such cases? Yes/ No* The question has no relevance in France insofar as the request may come only from the person concerned and the information may be issued only to that person (it is in fact a criminal offence for an individual to request information concerning the criminal convictions of another person). Requests can be accepted in the following languages in addition to the official language(s) of France : none Any other information about the national law, regulations or practice of France which would assist a requesting authority in making a request for information extracted from a criminal record. For French nationals born outside French territory, information on the parents should be supplied (father's and mother's surnames and given names). There are separate criminal registers for French nationals born in the Overseas Territories and Collectivities: French Polynesia, New Caledonia, Wallis and Futuna, St Pierre and Miquelon and Mayotte; extra time should be allowed for processing requests sent to the central authority concerning such people. 6397/1/06 REV 1 AL/he 36

37 Irish comments on manual on procedure MEMBER STATE: Ireland Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision): Authority Name / Title: Central Authority for Mutual Assistance Postal address: Mutual Assistance and Extradition Division Department of Justice, Equality and Law Reform St. Stephen s Green Dublin 2 IRELAND Telephone number: / Fax number: address: mutual@justice.ie Information, if available, that the requested authority would find useful in order to identify the person concerned and the format in which it should be provided, including details of the documents which might be attached to the request: (This is in addition to the information on the person s name, sex, nationality and date and place of birth that is required by request form annexed to the Council Decision) Father s name Yes / No* Last Name/First Name/Date of Birth Mother s name Yes / No* Last Name/First Name/Date of Birth 6397/1/06 REV 1 AL/he 37

38 Residence or known address Yes / No* House (Number)/Street/Town or City/County Fingerprints Yes / No* In some instances. Format Other - national register number Yes / No* - social security number Yes / No* - other (please specify) Yes / No* Photograph, in some instances. Electronic Documents or their copies to be attached to the request (please specify): Copy of original report from requesting Authority. Copy of reasons for which request is sought. 6397/1/06 REV 1 AL/he 38

39 PURPOSE OF THE REQUEST (OTHER THAN CRIMINAL PROCEEDINGS) REQUEST FROM A JUDICIAL AUTHORITY OUTSIDE THE CONTEXT OF CRIMINAL PROCEEDINGS Requests should specify the purpose for which the information is sought: Yes / No* If yes, the request should include details of: The title of the judicial authority making the request. The basis for making the request. An undertaking that the information will be used only for the purpose set out in the request. Information regarding data protection rules. Information concerning the date, location and type of event(s) giving rise to the record and the date of recording of the event(s). their criminal convictions in such cases? Yes/ No* Permission is not necessary where the information is provided to a foreign police force for transmission to the relevant judicial authority in accordance with the scheme for mutual legal assistance. Request from a competent administrative authority Requests should specify the purpose for which the information is sought Yes / No* If yes, the request should include details of: The title of the authority making the request. The basis for making the request. An undertaking that the information will be used only for the purpose set out in the request. Information regarding data protection rules. Information concerning the date, location and type of event(s) giving rise to the record and the date of recording of the event(s). their criminal convictions in such cases? Yes/ No* Permission is not necessary where the information is provided to a foreign police 6397/1/06 REV 1 AL/he 39

40 force for transmission to the relevant authority in accordance with the scheme for mutual legal assistance. REQUEST FROM THE PERSON CONCERNED Requests should specify the purpose for which the information is sought Yes / No* However, There should be sufficient information provided to enable the Central Authority and An Garda Siochana (National Police Force) to be satisfied that the requester is the person to whom the record relates. Information concerning the date, location and type of event(s) giving rise to the record and the date of recording of the event(s) should be provided where possible. If yes, the request should include details of: their criminal convictions in such cases? Yes/ No* Requests can be accepted in the following languages in addition to the official language(s) of Ireland: Requests may be in English or Irish Any other information about the national law, regulations or practice of Ireland which would assist a requesting authority in making a request for information extracted from a criminal record. At the time of ratification of the Council of Europe Convention on Mutual Assistance in Criminal Matters (Strasbourg, 1959) Ireland entered a reservation with respect to Article 22. This reservation stated: The Government of Ireland will not notify criminal convictions or subsequent measures under Article 22 except insofar as the organisation of its judicial records 6397/1/06 REV 1 AL/he 40

41 allows of so doing. THE COUNCIL DECISION ALLOWS MEMBER STATES TO MAINTAIN THEIR RESERVATIONS ON ARTICLE 22, BUT REQUIRES THEM TO LIFT THEIR RESERVATIONS ON ARTICLE 13 AT LEAST IN THEIR DEALINGS WITH EACH OTHER. ARTICLE 2 OF THE COUNCIL DECISION REQUIRES EACH CENTRAL AUTHORITY, WITHOUT DELAY, TO INFORM OTHER CENTRAL AUTHORITIES OF CONVICTIONS AND SUBSEQUENT MEASURES RECORDED AGAINST NATIONALS OF THOSE MEMBER STATES. ARTICLE 3 ALLOWS A CENTRAL AUTHORITY TO REQUEST INFORMATION, FROM THE CRIMINAL RECORD OF ANOTHER MEMBER STATE. IT ALSO PERMITS AN INDIVIDUAL TO REQUEST INFORMATION ON HIS OR HER OWN CRIMINAL RECORD. Because the organization of its judicial records does not yet allow Ireland to remove its reservation on Article 22 of the 1959 Convention, Ireland will not be in a position to provide the information referred to in Article 2, nor to respond to requests made under Article 3. Accordingly, where Ireland does receive a request under Article 3 of the Council Decision it is very likely that the information will not be available. It is possible that partial replies, based on enquiries to An Garda Siochana (National Police Force), could be provided. But these could probably not be certified as representing the full record related to any particular individual. In addition, the deadlines set out for providing the information may be too short. * delete as appropriate 6397/1/06 REV 1 AL/he 41

42 Italian comments on manual on procedure MEMBER STATE: Italy Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision): Authority Name / Title: Postal address: Telephone number: Fax number: address: Ministero della Giustizia Ufficio del casellario centrale Piazza di Firenze 27 Roma ( ) (+00 39) casellario.centrale@giustizia.it daniela.piccioniò@giustizia.it 6397/1/06 REV 1 AL/he 42

43 Information, if available, that the requested authority would find useful in order to identify the person concerned and the format in which it should be provided, including details of the documents which might be attached to the request: Identification code (if Italian, tax code): Surname: max 35 characters Forename: Date of birth: Place of birth: Country of birth: Sex: M=male F=female max 35 characters DD/MM/YYYY for those born in Italy, name of the commune in Italian max 35 characters (This is in addition to the information on the person s name, sex, nationality and date and place of birth that is required by request form annexed to the Council Decision) Father s name Yes / No* YES Mother s name Yes / No* YES Residence or known address Yes / No* NO Fingerprints Yes / No YES but not yet, until 2007 Format : alphanumeric Other - national register number Yes / No* NO - social security number Yes / No* NO - other (please specify) Yes / No* NO Documents or their copies to be attached to the request (please specify): passport or equivalent document 6397/1/06 REV 1 AL/he 43

44 PURPOSE OF THE REQUEST (OTHER THAN CRIMINAL PROCEEDINGS) REQUEST FROM A JUDICIAL AUTHORITY OUTSIDE THE CONTEXT OF CRIMINAL PROCEEDINGS Requests should specify the purpose for which the information is sought: Yes / No* YES If yes, the request should include details of: The specific reason for the request in order to establish whether the requesting authority is entitled to make the request for the reason in question, in accordance with the provisions of Article 13(2) of the 1959 Convention. their criminal convictions in such cases? Yes/ No* NO Request from a competent administrative authority Requests should specify the purpose for which the information is sought Yes / No* YES If yes, the request should include details of: The specific reason for the request in order to establish whether the requesting authority is entitled to make the request for the reason in question, in accordance with the provisions of Article 13(2) of the 1959 Convention, and in accordance with the provisions of Articles 28 and 39 of DPR 313/2002 (T.U. concerning criminal records in Italy) in order to release criminal record certificate to the Italian administrative authority. their criminal convictions in such cases? Yes/ No* NO 6397/1/06 REV 1 AL/he 44

45 REQUEST FROM THE PERSON CONCERNED Requests should specify the purpose for which the information is sought Yes / No* NO Note: it is not compulsory to give reasons for the request If yes, the request should include details of: If the request comes from the person concerned, there is the problem of payment of the stamp duty and fees their criminal convictions in such cases? Yes/ No* NO Requests can be accepted in the following languages in addition to the official language(s) of Italy: English and French Any other information about the national law, regulations or practice of Italy which would assist a requesting authority in making a request for information extracted from a criminal record. * delete as appropriate 6397/1/06 REV 1 AL/he 45

46 Cyprus comments on manual on procedure MEMBER STATE: Cyprus Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision): Authority Name / Title: Postal address: Criminal Registry Office Criminal Investigation Department Police Headquarters Nicosia, 1478 Cyprus Telephone number: Fax number: address: /1/06 REV 1 AL/he 46

47 Information, if available, that the requested authority would find useful in order to identify the person concerned and the format in which is should be provided, including details of the documents which might be attached to the request: (This is in addition to the information on the person s name, sex, nationality and date and place of birth that is required by request form annexed to the Council Decision) * Father s name Yes / No* Format Birth name Surname * Mother s name Yes / No* Format Birth name Surname * Residence or known address Yes / No* * Fingerprints Yes / No* * Other - national register number Yes / No* Six Digit Number - social security number Yes / No* Six Digit Number - other (please specify) Yes / No* Documents or their copies to be attached to the request (please specify): Documents or copies including articles of national law of the requesting state which specify the legitimate purpose for which the information is sought. 6397/1/06 REV 1 AL/he 47

48 PURPOSE OF THE REQUEST (other than criminal proceedings) Request from a judicial authority outside the context of criminal proceedings Requests should specify the purpose for which the information is sought: If yes, the request should include details of: Yes/No* A specific, explicit and legitimate purpose for which the information is sought according to the national legislation of the requesting Member State. Do you require the consent of the person concerned in order to release information about their criminal convictions in such cases? Yes / No* Request from a competent administrative authority Requests should specify the purpose for which the information is sought Yes / No* If yes, the request should include details of: A specific, explicit and legitimate purpose for which the information is sought according to the national legislation of the requesting Member State. Do you require the consent of the person concerned in order to release information about their criminal convictions in such cases? Yes / No* 6397/1/06 REV 1 AL/he 48

49 Request from the person concerned Requests should specify the purpose for which the information is sought If yes, the request should include details of: Yes / No* Do you require the consent of the person concerned in order to release information about their criminal convictions in such cases? Yes/No Not applicable since it is the person concerned that is making the request Requests can be accepted in the following languages in addition to the official languages(s) of Cyprus: English Any other information about the national law, regulations or practice of Cyprus which would assist a requesting authority in making a request for information extracted from a criminal record. (a) The Rehabilitation of convicted persons Law 70/81 (b) Article 6 & Article 12 of the Processing of personal data (protection of individuals) Law 138(1)2001 * delete as appropriate 6397/1/06 REV 1 AL/he 49

50 Latvian comments on manual on procedure MEMBER STATE: Latvia Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision): Authority name/title: The Information Centre of Ministry of Interior of the Republic of Latvia Postal address: Bruninieku street 72b, Riga, LV-1009 Telephone number: (+371) Fax number: (+371) address: kanceleja@ic.iem.gov.lv Information, if available, that the requested authority would find useful in order to identify the person concerned and the format in which it should be provided, including details of the documents which might be attached to the request: (This is in addition to the information on the person's name, sex, nationality and date and place of birth that is required by request form annexed to the Council Decision) Father`s name: Yes CHAR (50) Mother`s name: No Residence or known address: Yes State codificator (state code) and address text Fingerprints: No 6397/1/06 REV 1 AL/he 50

51 Other - national register number (personal code): Yes - social security number: No - other (please specify): Format : Documents or their copies to be attached to the request (please specify): If request is from the person concerned: copy of the passport (data page) PURPOSE OF THE REQUEST (other than criminal proceedings) Request from a judicial authority outside the context of criminal proceedings Requests should specify the purpose for which the information is sought: Yes If yes, the request should include details of: Purpose of information usage (necessity of obtaining), statement of reasons (reference to laws or regulations (including the article) which define the right to obtain the information and the amount of data to obtain), reference to the state (country) and institution where the information (the certificate) will be submitted. their criminal convictions in such cases? No (because the right of the authority to obtain the information (regarding all possible cases) is defined in the relevant legal act and the consent of the person concerned follows from the relevant legal act) 6397/1/06 REV 1 AL/he 51

52 Request from a competent administrative authority Requests should specify the purpose for which the information is sought: Yes If yes, the request should include details of: Purpose of information usage (necessity of obtaining), statement of reasons (reference to laws or regulations (including the article) which define the right to obtain the information and the amount of data to obtain), reference to the state (country) and institution where the information (the certificate) will be submitted. their criminal convictions in such cases? No (because the right of the authority to obtain the information (regarding all possible cases) is defined in the relevant legal act and the consent of the person concerned follows from the relevant legal act) Request from the person concerned Requests should specify the purpose for which the information is sought: Yes If yes, the request should include details of: Purpose of information usage (necessity of obtaining), reference to the necessary amount of information (i.e., how much information is needed), reference to the state (country) and institution where the information (the certificate) will be submitted. their criminal convictions in such cases? No Requests can be accepted in the following languages in addition to the official language(s) of Latvia (Latvian): de facto English, Russian 6397/1/06 REV 1 AL/he 52

53 Any other information about the national law, regulations or practice of Latvia which would assist a requesting authority in making a request for information extracted from a criminal record. Border Guard Law, Investigatory Operations Law, Law On police, Law On the Handling of Weapons, Fire Safety and Fire-fighting Law, Law On State Security Establishments, Law On Official Secrets, Office of the Prosecutor Law, Immigration Law, Law On State Security Establishments, Law On the Insolvency of Undertakings and Companies, Citizenship Law, State Probation Service Law, Law On Judicial Power, Law On the State Revenue Service, Customs Convention on the International Transport of Goods under Cover of TIR Carnets, Law On Bailiffs, Mandatory Military Service Law, Military Service Law, Social Services and Social Assistance Law, Law On the National Guard of the Republic of Latvia, The Saeima Election Law, The Election Law On City and Town Councils, District Councils and Councils. 6397/1/06 REV 1 AL/he 53

54 Lithuanian comments on manual on procedure MEMBER STATE: Lithuania Central authority designated to receive requests for information extracted from the criminal records: 1) Information technology and communications department under the Ministry of the Interior; 2) The Republic of Lithuania Ministry of Justice. Authority Name/Title: Information technology and communications department under the Ministry of the Interior. Postal address: Dventaragio str. 2, LT , Vilnius, Lithuania Telephone number: +(370) Fax number: +(370) ird@vrm.lt Father s name : Yes Mother s name : No Residence or known address : Yes Fingerprints : Yes Other - national register number : Yes - social security number : No - other : No Purpose of the request is only to submit information about criminal proceedings. 6397/1/06 REV 1 AL/he 54

55 Request from a judicial authority outside the context of criminal proceedings Requests should specify the purpose for which the information is sought: Yes. Information can be released only to the country in which the legal proceedings take place, to ensure law and order. their criminal convictions in such cases? No. Request from a competent administrative authority Request should specify the purpose for which the information is sought : Yes It depends who asks for information: public institution or private institution. Such0 information is submitted only for public, not private institutions their criminal convictions in such cases? Yes. The person should state in writing that he agrees to the release of information concerning him to the Central Authority. Request from the person If the person asks for information about himself, he must submit a certified notarised copy of his passport. Requests can be accepted in the following languages in addition to the official language(s) of Lithuania : Lithuanian, English, German. 6397/1/06 REV 1 AL/he 55

56 Luxembourg comments on manual on procedure MEMBER STATE FICHE FOR THE MANUAL OF PROCEDURE To assist requesting authorities in the completion and submission of the request form annexed to the Council Decision on the exchange of information extracted from the criminal record MEMBER STATE: Luxembourg Central Authority designated to receive requests for information extracted from the criminal record (as specified in Article 1 of the Council Decision): Authority Name / Title: Procureur Général d Etat Postal address: Parquet Général, Casier judiciaire 18, Côte d Eich L-1450 LUXEMBOURG Telephone number: (00352) /347 Fax number: address: Pgcaj@justice.etat.lu 6397/1/06 REV 1 AL/he 56